UNITED STATES DISTRICT COURTDISTRICT OF MINNESOTA
CAPITOL RECORDS INC.
Case No. 06-cv-1497 (MJD/RLE)
DEFENDANT’S MOTION TO RECONSIDER REMITTITUR ORDER
In her motion for new trial, remittitur, and to alter or amend the judgment,Defendant Jammie Thomas asked this Court to strike down the award of statutorydamages as inconsistent with the Due Process Clause and, in the alternative, remitthe jury’s award of statutory damages as a matter of federal common law.
Docket No. 344 (motion). This Court granted Defendant’s motion in part byproposing a remittitur of the statutory damages to three times the statutoryminimum, or $2,250 per copyrighted work.
Docket No. 366 (order). Therewas no ruling on Defendant’s constitutional challenge in that order.
Inlight of Plaintiffs’ refusal to accept the proposed remittitur,
Docket No. 371,Defendant requests that this Court reconsider its order on her motion for new trial,remittitur, and to alter or amend the judgment and, instead of ordering remittitur,reach the merits of her constitutional challenge.
Docket No. 344 at 3–10(pages of motion containing constitutional challenge); Docket No. 363 (reply brief further supporting constitutional challenge).
Case 0:06-cv-01497-MJD-LIB Document 405 Filed 10/15/10 Page 1 of 4